What is the Difference Between Accession and Ratification?
🆚 Go to Comparative Table 🆚The difference between accession and ratification lies in the procedures and timing of a state becoming a party to a treaty. Both accession and ratification have the same legal effect, which is the consent of a state to be bound by the terms of the treaty. Here are the key differences between the two:
- Accession: Accession is the act whereby a state accepts the offer or opportunity to become a party to a treaty already negotiated and signed by other states. It usually occurs after the treaty has entered into force. Accession has only one step, and it is not preceded by an act of signature. The conditions under which accession may occur and the procedure involved depend on the provisions of the treaty.
- Ratification: Ratification is the international act whereby a state indicates its consent to be bound by a treaty. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, while in the case of multilateral treaties, the usual procedure is for the depositary to collect the instruments of ratification. Ratification is sometimes required before a state becomes a party to the treaty. The act of ratification is signed by the Head of State, Government, or Minister for Foreign Affairs and deposited with the Depositary.
In summary, the main difference between accession and ratification is that accession is the act of a state accepting the offer to become a party to a treaty that has already been negotiated and signed by other states, while ratification is the formal act of indicating consent to be bound by the treaty, which may be required before a state becomes a party to the treaty.
Comparative Table: Accession vs Ratification
The main difference between accession and ratification lies in the timing and involvement of a state in the treaty process. Here is a table summarizing the differences between the two:
| Feature | Accession | Ratification |
|---|---|---|
| Timing | Occurs after the treaty has already been negotiated and signed by other states. | Occurs before the treaty enters into force, usually after signing. |
| Involvement | States commit via accession after the treaty has already been negotiated and signed by other states, and they were not involved in the negotiations. | States are involved in the negotiations and signing process before ratification. |
| Legal Effect | Both accession and ratification have the same legal effect, binding the state to the terms of the treaty. | Both accession and ratification have the same legal effect, binding the state to the terms of the treaty. |
In summary, accession involves a state accepting the offer or opportunity to become a party to a treaty that has already been negotiated and signed by other states, while ratification is the act by which a state indicates its consent to be bound by a treaty that is still not in force.
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